Omaha daily bee., 1887-10-29
THE CAUSE OF THE PEOPLE.
It Finds a Bold Champion in At
torney General Leeee.
WILL NOT CONTINUE THE CASE.
The Request OF the Transportation
For Another Delay in the Man
damus Proceedings FIatly
Rcfused-Lincoln News.
IrroM TIE BEES LINCOLN BUREAu.1


of existence through rotten compromise
exhibited itself Thursday in meeting of the
board of transportation held to further as
sist the roads in their schemes. At this meet
ing the minutes OF the compromise meeting
were approved and the board presented a
resolution asking the attorney general TO
continue the case. But the attorney general
has not as yet been snuffed out, and he at
once filed the following dissenting opinion to
the order Of the board that will be read with
great deal of relish by those who have been
led to believe that the law would be tested
and the fact be known to the people whether
they were supporting useless and helpless
board or whether they had power to hold
the roads from robbing the public at will.
Attorney General Leese's vigorous dissent
from the sci l-Out compromise is as follows.
TO the Honorable State Board of Trans
portation: In the matter of the State Of
Nebraska cx rel the State Board of Trans
portation VS. the Fremont, Elkhorn e. Mis-
souri, Valley railroad company, now pending
in the supreme court on an application for
writ of mandamus, 1 wish to dissent and enter
my earnest protest against the resolution
adopted by the board requesting the attorney
general to continue the case, or against any
action of the board tending in any manner to
delay proceedings in court. The late confer
ence between the board and the late railroad
officers, referred to in the minutes of the
board, resulted in some kind of compromise
whereby the rates certain classes of
freight were to be reduced and also in
cluded. as part of the demands of the roads,
q request from the board to the attorney gen
oral to continue the above mentioned case. |
most respectfully decline to continue said
case, and briefly state my reasons therefor
1t may be true that the roads have made
some concessions to the people of the state,
but the rates agreed to are insufficient, as
they are still much higher than those of
former years, and they only restore to the
people part of that which belonged to them
and was taken from them April ), 1887, when
the interstate commerce law went into eff
feet This, to my mind, is a good reason
why the question of the power OF the board
and its authority to make an order requiring
any railroad to so adjust schedules of rates
to a just and reasonable basis
should be delayed. Still, there are
far greater reasons that compel
me to decline to continue the case.
the questions between the railroads and the
people of the state have been subject of
controversy since the first rail was laid in
the state and at times it has been very bitter.
And now for the first time in the history of
the state we arrive at the point where the
question is about TO be determined and the
board of transportation, the guardians of the
rights of the people of the state, interfere
and pass a resolution to continue the case, 1t
seems to me that this is uncalled for, it is UNI
Just to the people and unwarranted in this
case under any circumstances. Tho tax
payers of our state have q right to know
board of transportation any power to control
railroads in making reasonable rates and in
sist that this question is paramount to any
other matter what concessions the roads
may make as they are all made for
the purpose of delaying this one
question; this fact is shown
by the minutes of the board. 1t is an ad-
mission on the part of the roads that the
order of the board to reduce their rates was
right and that their present schedule of rates
is unjust and unreasonable l believe it will
be far better to have the question of our
power determined for all parties Interested
the people, the railroads and the complain
ants in this case. If the supreme court
should hold that we had no power to deter
mine whether or not rate was unjust and
unreasonable, then for one do not approve
of spending the peoples money to keep it be-
fore the people that the railroads have all
their pumps in order and that their station
houses are sufficient to accommodate the
public, for do not believe it was the inten-
ton of the last legislature to so limit the
power; while on the other hand if the court
should determine that we had the
power, then l firmly believe that
the vexed question between the
roads and the people will be settled, that agi-
tation would cease and when the roads come
to understand that the state board does not
intend to arbitrarily exercise any of its power
they too will be satisfied and the question
that has occupied so much time in our legis-
latures will rest in peace. 1t can do no harm
to have the law settled and great good will
certainly result from it, especially if the law
should be decided in the affirmative The
law has placed the supervision of the roads in
our state board and we have made a lawful
order and served it upon the road and instead
of complying with the same they deny oui
right to make such an order and without
some settled law TO guide us as we are work
ing in the dark. AS believe our order was
Just and reasonable do not favor any com
promise believe L was right when w,
made the order and believe | am right
now and / do not think it fail
to keep the people in suspense by continuing
the case until July or any other time for t,
do so will be to act as Il menace and threat Il
the railroads by using it as an instrument il
the hands of the court to force other conces
sons from the roads, and l for one decline tC
occupy any such position or take part in any
such proceedings. / intend to ask only fol
what believe to be right, and when l hay,
determined what believe to be right, and III
order goes out, it ought to be respected AN,
obeyed for Just what ii says, and if the road!
refuse TO obey the order mandalnus them Il
obey. do not believe we should reced
from what we claim to be right by get
ting something not asked for
In conclusion, wish to say that | dislike
very much 70 disagree with my fellow mem
bers of the board of transportation, but tn
Importance of the question demands that d.
SO, and compes me to deny the power Of TIL
board to continue the proceedings Au'
while can readily see wherein the board il
its anxiety to benefit the people by reduc
tion in rates, intended to do good | can Jus
us readily see wherein the board has made
mistake and exceeded it's authority in at
tempting to compromise the case now pend
ing; aud the resolution of to day was to shov
the good faith of the board in their agrcemen
with the railroad officials, but not beinj
present when the alleged compromise wa
lnade i did not make any agreement an
feeling that the board did exceed their authC
rity under the law, l certainly cannot b
bound by the action of the board. Thi
action in our supreme court was not con
menced by the state board alone, but also a
the request of the Lincoln board of trade an
freight bureau. They are the complainant
in the original case and the interested parte
in the order and findings of the state boart
They made the complaint to our board tina
certain rates were unjust and unreasonable
they produced their witnesses and thei
counsel and made out q case and the boar
made an order and finding of facts in thci
favor, requiring the railroad company to +,
duce their schedule of rates. The compan
refused to obey the order, and the complain
ant, MS well as the board, requested me {
apply to our supreme court for a writ of mar
damus to compel obedience and the case wa
commenced. The company still refuses
compi,~ with our order, but instead therec
denies the power of the board. The agre,
ment with the road officials has been con
piled with on the part of the board. The +,
hns haap pon1 do IN ~ liz,